The URL can be used to link to this page

Home My WebLink About2011-05-26 - Planning Commission MinutesuY ; Community Development Department -,/` Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ MINUTES DESCHUTES COUNTY PLANNING COMMISSION DESCHUTES SERVICES CENTER 1300 NW WALL STREET, BEND, OREGON, 97701 MAY 26, 2011 — 5:30 P.M. I. CALL TO ORDER Meeting was called to order at 5:30 p.m. by Chair Merle Irvine. Members present were Richard Klyce, James Powell, Ed Criss and Bill Rainey. Absent: Vice Chair Chris Brown and Todd Turner. Staff present were Nick Lelack, Planning Director; Peter Gutowsky, Principal Planner; Peter Russell, Senior Transportation Planner; Paul Blikstad; Senior Planner; Laurie Craghead, Assistant Legal Counsel; and Sher Buckner, Administrative Secretary. Minutes of January 6 and January 13, 2011 were approved. II. PUBLIC COMMENTS Tony Aceti submitted revisions for event venues. Nick said that in April, the BOCC conducted a work session on the contents of the text amendment. We now have a near - final draft which the Board would like to see prior to the 45 -day notice. The Planning Commission is not required to hold a public hearing, so on June 15 the Board may just look at the text amendment and ask staff to initiate it. Staff would draft findings, issue the 45 -day notice by early July, and the first public hearing before the Board would be in August. Tony asked if he could submit language as he feels that you have to be a land use attorney to fill it out, and he would like to see it simplified. He feels it would be very difficult to comply with this as it is written. Nick asked Tony what specific section he is referring to, and Tony said it is the conditional use permit, and he questions fire flow requirements and has other problems with meeting the criteria. Nick said that he has received other internal comments from Legal Counsel, etc., that have not yet been incorporated. III. REVIEW: Hearings Officer's Decision, AD-11-11SP-11-1 (Grossman Winery) — Nick Lelack, Planning Director. Nick indicated that the appeal period has expired with no appeal filed. Commissioner Rainey and Nick discussed the Planning Commission's role with respect to this decision. Quality Services Performed with Pride Nick asked Chair Irvine if he should include this on the agenda. Chair Irvine thought it should be added for discussion. Commissioner Powell had some concerns and thought that Hearings Officer Green did a superb job on the decision. Mr. Stamp argued that because the winery was an outright permitted use under ORS 215.452, all of the accoutrements accompanying a winery such as sales/restaurant/events, etc., lacked oversight by a local jurisdiction. Commissioner Powell did not think that made sense. The other issue had to deal with health/safety and the one -lane road and traffic. He questions access for emergency vehicles if they are needed and saw no provision in the decision for that. Does the County have the prerogative to impose on event venues held in conjunction with a winery the same kinds of requirements, with the exception of determining if an event is possible or not? He spoke with one of the legislators involved with the bill who said there was no intention to limit a local jurisdiction's authority to regulate the events, only to allow promotion of products. Commissioner Powell also questioned the language regarding sales and events promoting activities of the winery and grapes that were processed. There was no mention of the Grossman venue scheduling events with no product. They have contracted to have grapes crushed in Medford and are not producing their own. Commissioner Powell sent the Board a letter addressing these issues, but they chose not to consider the letter. Laurie said the Board is not allowed to consider these comments when calling up an appeal, as this is ex parte contact. They can only talk to staff about issues that are in the record, not new issues. If they chose to consider ex parte contact, it would have to be on the public record. It could be seen as biased and leave the decision vulnerable to attack. The Board's decision is interpreting State law and would not receive deference if this was appealed to LUBA. The hearings officer's decision did cover limited sales and also mentioned she could say very little about access. Commissioner Powell wondered, as we try to make events possible for people on resource land, if we able to make some references that would be applicable across the County? One of the ways this can be addressed is to get both sides to work together to find solutions. HB2344 tries to do this (there has been one public hearing). Commissioner Powell said he would like to see the County have the flexibility to develop something that is workable for all parties. Paul said that any event venue will meet with resistance; he also feels that there won't be many more wineries trying to do this due to startup costs and the local climate. Laurie indicated that this is different from other venues, and she would have to take a look at how much we can restrict events — wineries would be different than public parks, for example. We may not have to same ability to regulate events at wineries that we have for private parks, at least as far as she has reviewed this. Laurie said that having no product may be more of an issue, since no wine is produced at the Grossman winery at this time. Nick said he had spoken to the Grossmans about the conditions of approval, which they understand. Nick said that SB1055 was intended to be temporary, as well. It has a sunset period of January 1, 2013. IV. LONG RANGE PLANNING PROJECT UPDATES: Comprehensive Plan, Deschutes Junction Plan Policies, Destination Resort Map Amendments, Small Wind Energy Systems, Commercial Events on Farmland, Regional Economic Opportunity Analysis, Local Wetland Inventory, Transportation System Plan, 2011 Legislation, Historic Preservation — Nick Lelack, Planning Director. Nick said the Board had discussed limiting commercial events on farmland to 20 days per year, not including setup and teardown which could be one business day prior and one business day after. The noise limits would be consistent with County Code. The Board had differing opinions about setbacks and asked staff for input. Nick said he recommended the activity area be at least 100 feet from the closest property owner. Site plan review would be required and if a permanent structure is required, it must be ADA - accessible. Staff is in the process of drafting a formal text amendment. Chair Irvine asked about the length of time the site plan approval would be applicable, and Nick said probably four years. Costs were discussed. The Board's next public hearing on the Comp Plan Update will be May 31, and they will determine whether to keep the record open. Peter Gutowsky said the changes amount to clarifications and are all on the website. Chair Irvine asked about the preamble, which Nick said the Board had not weighed in on. Regarding Deschutes Junction, the Board conducted a first reading this past Monday. They want to have a timeline discussion on this next year to see where a master plan might fall within the Comprehensive Plan. Peter Gutowsky mentioned two public hearings before the Board on the destination resort map and small wind energy. Commissioner Criss asked Peter about the next hearing date, which Peter said was continued to June 27. Peter also spoke about the recent forum for the Regional Economic Opportunity Analysis, and Nick and Peter discussed current bills in the State legislature. Regarding the South County Local Wetland inventory, it should be approved by DSL in June. Peter will then send out a notice to all of the affected property owners and there will be hearing before the Board. Commissioner Klyce said he had talked to the individual in Portland doing the review, and she said it may be July 1 before it is completed. Peter Russell discussed the Transportation System Plan update and upcoming open houses in Sisters, Terrebonne, La Pine and Bend. The TSP grant runs out June 30, and we will hopefully be handling the adoption process in the late summer/early fall. Commissioner Criss and Peter discussed prioritization of projects. Nick said we will be sending out RFP's for two historic projects. We will be responsible for staffing the Historic Landmarks Commission and are applying for two small grants. At the Board's request, Nick has been working on HB3615, which would allow three pilot counties to create their own definitions of agricultural and forest lands. The groups supporting this effort are the only ones who have been involved, for the most part. The Board wants to make sure Deschutes County has an opportunity to participate in Section 6 if this goes forward. Right now it does not specifically mention Deschutes County. The Pine Forest bill may be proceeding but may be divided into a couple of different concepts. 3 V. PLANNING COMMISSION & STAFF COMMENTS. Nick said that last week the Board approved our budget and we recently had another layoff. The Board will consider our work plan at a hearing on June 22. We don't have anything specific on the agenda for June 9, and the Commissioners agreed to have one meeting on June 23rtl. VI. ADJOURN There being no further business, the meeting was adjourned. Respectfully submitted, Sher Buckner Administrative Secretary 4